How to solve the jurisdiction problem in prosecuting perpetrators of the Mumbai massacres: let the Pakistan and Indian Navies try them (and hang them) at sea as pirates

January 2, 2009 — drsubrotoroy

Should Pakistan hand over the terrorist masterminds now in its custody to India for trial for mass murder? Should India hand over the captured Mumbai terrorist Kasab to Pakistan for trial as a mass murderer? Such questions can lead to endless legal wrangling, no action, and no justice for all the many victims of the Mumbai massacres. It is far more expeditious for both countries to instead hand over all these characters in their custody to their respective navies for trial and punishment as pirates who have violated the Law of the Sea. The Pakistan Navy Chief and the Indian Navy Chief can agree to have their admirals meet with their respective prisoners for a rendezvous at sea in international waters. A joint trial under maritime law can be conducted on board, say, a Pakistan naval vessel in international waters. Pakistan’s terrorist masterminds can be hanged at sea on a scaffold aboard a Pakistan Navy vessel in international waters for crimes of piracy, murder and conspiracy. Kasab, if he turns State’s evidence, can plea-bargain for a lesser sentence; if he does not turn State’s evidence, he can join his handlers on the scaffold (assuming he is of adult age and sane). Pakistan’s terrorist training institutes, incidentally, will see a rapid decline in their admissions and recruitment figures once there are some well-televised hangings at sea.

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